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Wednesday, 3 October 2023

Can you be a magistrate?

Before you apply to be a magistrate, you need to check that you’re suited for the role. You need to commit time and not everyone can serve as a magistrate. Find out if you have what it takes.

Your background

What magistrates do

Watch a video on the duties of a magistrate

Magistrates come from all walks of life and backgrounds.

You don't need formal qualifications or previous legal training to become a magistrate.

You will get full training for the role, and a legal adviser in court will help you with questions about the law.

It’s more important that you can show you’ve got the right personal qualities. If you can hear all sides of an argument and reach a fair decision then you should think about becoming a magistrate.

Magistrates come from all walks of life and are appointed regardless of their gender or background.

Age requirements to become a magistrate

You have to be over 18 and under 65 if you want to be a magistrate.

Magistrates must retire at 70, and are normally expected to serve for at least five years.

Good character

Magistrates have to be honest and fair, and be trusted and respected by others.

It’s unlikely you’ll be taken on as a magistrate if you’ve been found guilty of a serious crime or a number of minor offences. It is also unlikely if you’re bankrupt.

Magistrates deal with motoring offences, so you may not be accepted if you’ve been banned from driving in the past five to ten years.

Occupational ‘conflicts of interest’

You can’t be a magistrate if you work in a small number of jobs where there could be a conflict of interest. For instance, you can’t be a magistrate if you’re a police officer, as the police often give evidence against criminals in court.

Your health

Magistrates welcome applications from people with disabilities. However, you may not be able to serve if your health would stop you from carrying out the duties of the role.

Your hearing needs to be good enough, with or without a hearing aid, to listen to a case.

You also need to be able to sit and concentrate for long periods of time.

Time commitment

Magistrates are not paid, but many employers allow time off with pay

You need to be able to commit to sit in the court on at least 13 days, or 26 half-days, a year.

Discuss with your employer how you will balance your work and magistrate duties. Your employer must, by law, allow you reasonable time off work to serve as a magistrate. You will get your rota (timetable) well in advance, so you can give your employer plenty of notice of when you’ll be in court.

You will need to agree with your employer how you will manage any extra time away from work that you need.

Magistrates are not paid, but many employers allow time off with pay. If you do lose out on pay, you can claim an allowance at a set rate. You can also claim allowances for travel and ‘subsistence’ (food and drink).

Training to serve as a magistrate

You will get training to give you the skills and know-how you need to serve as a magistrate. You will train in a group with other new magistrates recruited at the same time.

The training when you start will add up to about 18 hours, or three days, as well as some meetings. The training could take place over a long weekend, three weekdays, or in short evening sessions over several weeks. Training and meetings usually take place outside of work hours.

As well as seeing the court in session, you will visit a prison, a young offender institution and the probation service.

Personal qualities

To be a magistrate, you need to be able to show you:

  • have a good character, and are trusted and respected by others
  • can understand documents, follow evidence and communicate effectively
  • uphold the law and are aware of social issues
  • are mature, understand people and have a sense of fairness
  • are able to think logically, weigh up arguments and reach a fair decision
  • are reliable and committed to serving the community

Applying to become a magistrate

If you think you could serve as a magistrate, read ‘Apply to be a magistrate’ for more information and the forms you will need.

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